We cannot enumerate the evils growing out of a system so defective, nor calculate its overpowering weight on the progress of improvement.
But to remedy these defects, we proclaim and establish the [[305]]following Constitution, or Charter, and implore the Government of the United States, and the State of New York, to aid in providing us with laws, under which progress shall be possible.
Sec. 1. Our Government shall have a Legislative, Executive, and Judiciary Departments.
Sec. 2. The legislative power shall be vested in a Council of eighteen members, who shall be termed the Councillors of the Seneca Nation, and who shall be elected annually on the first Tuesday in May in each year; and who shall be apportioned to each Reservation, according to its population—two thirds of whom assembled in regular session, and duly organized, shall constitute a quorum, and be competent for the transaction of business; but to all bills for the appropriation of public moneys, the assent of two thirds of the members elected shall be necessary, in order that the bill should become a law.
Sec. 3. The executive power shall be vested in a President, whose duty it shall be to preside at all meetings of the Council—having only a casting vote therein—and to see that all laws are duly executed; and to communicate to the Council, at every session, a statement of the condition of the national business, and to recommend for the action of the Council such matters as he may deem expedient. In the absence of the President, the Council may choose a presiding officer pro tempore.
Sec. 4. The judiciary power shall be vested in three Peace-Makers on each Reservation; and two of whom shall have power to hold courts, subject to an appeal to the Council, and to such courts of the State of New York as the Legislature thereof shall permit. The jurisdiction, forms of process, and proceeding in the Peace-Makers’ courts, shall be the same as the courts of the justices of the peace of the State of New York, except in the proof of wills, and the settlement of deceased persons’ estates—in which cases the Peace-Makers shall have such power as shall be conferred by law.
Sec. 5. All causes over which the Peace-Makers have not jurisdiction, may be heard before the Council, or such courts [[306]]of the State of New York as the Legislature thereof shall permit.
Sec. 6. The power of making treaties shall be vested in the Council; but no treaty shall be binding upon the nation until the same shall be submitted to the people, and be approved by three fourths of all the legal voters, and also by three fourths of all the mothers in the nation.
Sec. 7. There shall be a clerk and treasurer, and superintendent of schools, and overseers of the poor, and assessors, and overseers of highways, whose duties shall be regulated by law.
Sec. 8. Every officer who shall be authorized to receive public money, shall be required to give such security as the President and the attorney for the Seneca nation shall approve.